They’ve Got Next: The 40 Under 40 - Andrew Silton of Beveridge & Diamond

Andrew Silton

Age: 39

Law Firm: Beveridge & Diamond

Practice Area: Environmental Law & Appellate

Title: Partner

Location: Washington, DC

Law School: Georgetown University Law Center

Please describe two of your most substantial, recent wins in practice.

First, I led my firm’s team that helped San Francisco secure a victory in the US Supreme Court that will make Clean Water Act permitting fair and transparent [in] City and County of San Francisco v. EPA [in 2025].

We persuaded the court to end EPA’s decades-long practice of imposing prohibitions that make permit holders responsible for the overall quality of waterbodies. These prohibitions subjected permit holders to enforcement actions where they could learn only after the fact what they should have done to avoid a violation. Our advocacy showed how these prohibitions are anathema to the Clean Water Act’s pollution control scheme and basic notions of fairness.

Second, I’m very proud of the consent decree I negotiated on behalf of Swinerton Builders to resolve Clean Water Act claims arising from the construction of utility scale solar facilities.The decree reflects my approach to consent decree negotiation, which focuses on leveraging the government’s litigation risk while proposing creative ways to cost-effectively get environmental benefits.

The outcomes in enforcement cases shouldn’t be punitive; they should be about getting to the right environmental outcomes in a way that’s reasonable. That’s what we got for Swinerton.

What is the most important lesson you learned as a first-year attorney and how does it inform your practice today?

People hire us for our judgment. When I was a first year, I drafted an email for a partner that contained solid legal analysis and a recommendation that was, to put it charitably, off the rails. The partner patiently walked me through my work and gave me this piece of advice: As someone’s lawyer, it’s my job to give good guidance, not just analyze statutes. My career, he explained, will rise or fall based on my ability to be a trusted advisor, not analytical skill.

This advice informs my practice in two ways. First, I consider how my client will use my advice and the implications it will have for their business operations. To do this effectively, I need to develop good relationships with client personnel and understand what they do. I cannot advise a city if I do not understand the local politics and geography, nor can I advise a company unless I know what drives their bottom line and their facilities.

Second, I always ask what I would do if I were in my client’s shoes before giving advice or taking a position. If I have any reservations, I reassess. This might not change what I ultimately recommend, but I must be able to stand behind my guidance.

How do you define success in your practice?

Success means that I help clients have a meaningful impact on people’s lives. I have the good fortune of working with public and private sector clients that do amazing things to protect water quality, foster technological innovation, and change the ways we produce energy.

For me, a Supreme Court win is ultimately meaningful because it gives clean water utilities the certainty they need to invest in their infrastructure for protecting public health in their cities. Helping a client figure out a way to permit a new project means new information technology infrastructure that makes our world work. I find the nuts and bolts of what I do satisfying day-to-day, but I feel truly successful when I have helped a client achieve their mission.

What are you most proud of as a lawyer?

I’m most proud of the Supreme Court win in City and County of San Francisco v. EPA. Seven years ago, I looked at EPA’s use of “end-result” prohibitions on violating water quality standards in Clean Water Act permits and was troubled by how they were a bad deal for permittees and the environment. The statute was not supposed to work that way, and I even wrote about it with a colleague to raise the alarm about these permit terms. Despite long odds, we persuaded the court to take up San Francisco and make a sensible ruling.

The court’s decision ensures that permittees will know what they must do to protect water quality. The decision will ensure permittees are treated fairly and our waters are protected. It is very satisfying to have brought a case that will have such a big impact. The result is yet more satisfying because it means so much for San Francisco.

The City cares deeply about the environment and needs regulatory clarity to effectively invest billions of dollars to comply with the law and protect the environment. We obtained a ruling that provides the regulatory clarity San Francisco sought, and the decision will ultimately benefit all San Franciscans. My client is very happy with the result and I could not be more satisfied.

Who is your greatest mentor in the law and what have they taught you?

Don Patterson, who retired from Beveridge & Diamond just last year, taught how managing interpersonal and organizational dynamics is critical to being a successful attorney. While working together on a set of parallel criminal and civil enforcement cases, he would constantly pause to explain why he took a particular tack on a call or revised certain aspects of an email. In almost every instance, he explained, he was calibrating the message to address a particular person’s interests or how a message would be conveyed within an organization.

He taught me how being a successful advisor and advocate requires paying close attention to how people and groups work. Without understanding them, you cannot effectively advise or persuade.

Tell us your two favorite songs on your summer music playlist.

The Darius Rucker cover of “Wagon Wheel” is always in heavy rotation when our family goes to the beach. We all sing along and manage to ignore how the song’s geography doesn’t totally make sense. I love the vibe of “Jessica” by the Allman Brothers Band. Sure, it’s a 7-1/2-minute-long instrumental song, but it’s a propulsive and joyful tune. Great for hanging out in summertime.

Drew Silton of Beveridge & Diamond and his family meet Chewbacca at Walt Disney World in 2024.

Photo Illustration: Jonathan Hurtarte/Bloomberg Law; Photo courtesy of Andrew Silton